The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-05-16
An Opinion from the City Attorney Re-
garding the Cheap-Fuel Project.
He Says that the City Cannot Go Into the
Natural Gas Business and the Proposed
Certificates, if Issued. Would Be Illegal.
The Council Committee. Gets All the In
formation II Wants at Pittsburg.
Mayor Denny Appoints the Committee of Six
teen Authorized by the Citizens Meet
ing-Expressions Of Opinion.

| The travelling subcommittee of the committee
appointed by the Council and Board of Alderrn en-
to investigate the matter of pipeline franchise
for natural-gas supply and report an ordinace
thereon, reached Pittsburs without incident.
City Attorney Taylor, City Engineer Shearer.
Councilman Swain and Alderman King. it is sun
posed found all they wanted to know in that
city. the Pittsburg Dispatch intimates that
these gentlemen each decided to curtail their
route, and not 60 to Buffalo, Toledo or Findlay
They remained in Pttsburg over Saturday, and
will probably be home to-day but no ordinance
can be reported to Council 1onight This will
be done at special meeting some evening DUR
ing the week. The committee is to meet this after
noon, when it is possible the ordinance will begin
to assume definite shape. City Attorney Taylor
has prepared an opinion in relation to the Thai
man resolution, adopted by the committee at its
first meeting. This referred to the
question whether the Council and
Board of Aldermen can in any
manner. without further acts by the State Leg
islature, issue certificates to the citizens of In
dianapolis to raise fund to lay pipes from the
gas fields to the city, so that when the certf-
Gates redeemed the city will own the business
and be able to furnish indianapolis with gas at
cost for expenses and natural wear and decay OF
pipes. The opinion will be given to the COM
mittee to-day, reciting that such certificates
not be issued. because of Section of an act
passed February Ii, 1877 In this section is is
provided that when the aggregate indebtedness,
funded or otherwise, of any city having voting
population of 10000 amounts to exceeds per
cent. upon the taxables borne upon the city tax
duplicate for the current year, 1t shall n OF be
ner or form whatever, except only by temporary
loans in anticipation of the revenue of the then
current yeAr. This applies to Indianapolis
alone. but the city attorney also calls attention
to Article IL, Section i, of the Constitution,
which reads: mo political municipal
poration in this State shall ever become indebted
in any manner for any purpose to an amount
in the aggregate exceeding per cent on the
value of the taxable property within such cor
poration." 1t is stated in the opinion that both
of these provisions have been reviewed by the
Supreme Court, and that in view Of them the
city cannot directly or indirectly, assume or
execute any obligation in excess of the amount
the adoption of that section of the Constitution
the bonded debt of the city of indianapolis. ex-
elusive of the $5o0,0 of Belt railroad bonds.
has been. in round numbers, fourteen hundred
thousand dollars and the tax duplicate
at the present time shows taxables amount
ing in round numbers to forty
that although within the past year
small part of the bonded bebt has
oeen pa1O, SIlll the DonOeu QeDI OF the CITY eH-
ceeds the per cent constitutional limit by
about four hundred thousand dollars
The Belt railroad debt was authorized by the
Legislature prior to the adoption of the section
of the Constitution quoted above
The proposed certificates mentioned in the
resolution would be sold ordinary bonds
cash. and it would obligate itself pay the
nual interest upon the same and to pay the prin-
cipal thereof In gas instead of cash. The charter
provides that the city may construct and estab-
lish gas-works, or regulate the establishment
thereof by individuals companies" but this
right must be exercised within constitutional
and statutory provisions. The city attorney
is clearly of the opinion that the issuing of such
certificates would be illegal. and, if issued,
would be void.
In line with this opinion are the expressions of
many citizens. one of whom said yesterday:
According to the spirit of Saturday nights
gas meeting at Tomlinson Hall, Indianapolis
appears to be determined not to profit by ex-
traordinary natural advantage, except it can be
done without cost. In order TO have free gas,
she proposes lightly and airily to put up mill
ion dollars to be spent in uncertain prospecting
and in the purchase of wells that other people
may not be willing to part with. The idea of se-s
curing great advantages without cost is apt to
appear most feasible and most allurng to those
who have least in their pockets. 1t lie a pretty
uniform law that great advantage can be
gained without corresponding sacrlHces- ~
is by no means certain that the natural gas
supply is permanent. 1t may merely be a tran
sition step towards the fuel of the future 1t is
better that the uncertainties involved should be
borne by those who have money rather than by
those who have 1t not. 1t is good time to en-
courage capital when great masses of money are
needed for uncertain developments. 1t would
seem to be better to commit outside capital To
the investment by granting the freedom of our
streets to all corners, say for period of five
years, before other enterprising places like GIN
cinnati and Chicago pre-empt the supply of the
gas field. The city could reserve the right to
moderate unreasonable charges after that
period. What Indianapolis seems to need a lit
tie worse than anything else just now is less de-
lay and palaver, and more alacrity in offering
inducements to foreign capital. There is moth
ing more certain than that capital, whether for
eien or domestic will not be forthcoming with
out it can satisfactory margin of profit.
Before this benevolent fund of million for the
benefit of posterity can be raised it Is likely tho
entire reserve of natural gas will be needed for
the final combustion of all things"
But Notwithstanding these unfavorable ex-
pressions in regard to the enterprise projected
by the Tomlinson Hall meeting, 1t will probably
receive further attention. The resolutions then
adopted are to be considered by the COMMITTEES OF
sixteen, which Mayor Denny has selected as
follows:
Manufacturers-Irvin Robbins, A. II. Nordyke,
Thomas Davis and A. A MeKain
Attorneys-Solomon Claypool, john l.. McMaster.
John a. Holman and III. c. Allen.
:, Laboring Interest.Ihomas NJ Gruelle Andrew T.
Merchants-Sas Il. Bowen, w. D. Wiles, John w.
Murphy and Louis Hollweg
The committee will meet at the Mayors pri-
vate office Rooms and courthouse. at o'clock
this afternoon. The Mayor unable to see
some of these gentlemen in person, but had
mat tney would all serve anu 70,
quests all to meet at the time and place named
without further notice.
Yesterday the Broad Ripple well was visited
by several thousand people It continued to
give flow that made il worth ones time TO
drive TO the village There is no hope, however,
that it will ever attain the value OF piping
we'll. The flame had lessened little. but the
company that had IL drilled takes small account
of this, it is believed eusher will be found
within few miles of the place. Mr. Mansfield,
representing the Standard Oil Company. visited
the we'll on Saturday. He did not regard II of
much value. except in establishing the fact that
gas can be procured in that region. He does not
think. though that enough can be procured
for piping purposes nearer than ten miles. AS
at the Brentwood well, the water that at
Broad Ripple is strongly impregnated with oil
Expressions of Public Opinion.
HOW NATURAL WORKS.